11/06/2024
The courts are the fora to challenge all perceived Executive excesses. It is NOT my wishful assertion but the dictates of our Constitution and the mighty demand of the rule of law. No one is above the law and no citizen or institution has the right or authority to undermine or take the law into your own hands. We must defend the enforcement of rights according to law and NOT contrary to law. No one can claim to serve the law by opposing the law. Laws and rights do not enforce themselves. The process is set into motion by human beings. If you believe those claiming to be enforcing any piece of legislation were wrong, or the manner of ex*****on was anomalous, go to Court and challenge the perceived illegality. That is the proper venue and best course of action in a democracy.
The position of the law, irrefutable, is: all statutes, even bad laws are enforceable, until they are repealed or amended. I am not oblivious that when the judiciary is weaponized to subvert the legitimate will of the people, morality demands legitimate resistance in enthroning the supremacy of sovereign citizenship.
Thus far, our Courts have repeatedly delivered several strong Judgments, Rulings and Orders in favour of citizens against the State; this is a robust demonstration of judicial independence and the rule of law. There is evidence galore that the State has complied with several Judgements, Rulings and Orders made against it by our Courts in favour of ordinary citizens.
Therefore, as it stands today, no Gambian should have the need to resort to illegal recourse in the name of democratic exercise of rights. Those who wilfully violate the law, will be consumed by the law. Use the law to enforce the law. You cannot breach the law claiming to enforce the law. Let us protect our nascent democracy. I am for the law and if particular laws are inimical to our progress, let us ensure their abolition through democratic parliamentary process and not through violence. To The Gambia, ever true.
